please help!!

#1
I'm an LPR just started my citizenship process. My wife just received Notice to appear (date to be set), she's overstayed her visa for years. Her I-130 was approved a couple months back. What is her chance of fighting this removal proceeding? Any advice is appreciated, thanks.
 

So_Special

Registered Users (C)
#2
not enough info here to help you.
When and how did you obtain your LPR?
When did your wife come to the country?
When did visa expire?
When was the I-130 approved?
Get started with those ...
 
#3
I obtained my LPR about 5 yrs ago thru employment. She came here legally in 2001, her visa expired in 2002. The I-130 was approved approx May 2009. Thanks for your help.
 

aosing

Registered Users (C)
#4
I obtained my LPR about 5 yrs ago thru employment. She came here legally in 2001, her visa expired in 2002. The I-130 was approved approx May 2009. Thanks for your help.
It sounds like you are in serious need of a lawyer. It may have been a big mistake to file an I-130 when she was here illegally and you were not yet a citizen--why did you do this? Overstays are not forgiven for spouses of LPRs.

She cannot administratively adjust status while in removal. You need to get a good immigration lawyer to see if there's any way to keep her in the country until you get citizenship, but if you just filed it may be impossible. It seems to me once she is deported or otherwise leaves the country she faces a 10 year bar before you could petition for her again, assuming there is no finding of fraud.
 

ImmGuru35

Registered Users (C)
#5
Your wife falls under family 2nd preference and requires about a four or five year wait. Since she has been here unlawfully/illegally more than 180 days and her approved I-130 priority date isn't before 4/30/2001 (there is a grandfather provision where CIS allows approved I-130s for illegal aliens to adjust status) she has zero opportunity to adjust status. CIS will deny any I-485 application. She needs to appear before the Immigration Judge and beg for a voluntary departure. If she gets deported then it will become extremely difficult for her to return to the US legally for sometime.
 

Triple Citizen

Registered Users (C)
#6
What triggered the NTA? You should have waited until your oath and then filed an I-130/I-485 combo.


I'm an LPR just started my citizenship process. My wife just received Notice to appear (date to be set), she's overstayed her visa for years. Her I-130 was approved a couple months back. What is her chance of fighting this removal proceeding? Any advice is appreciated, thanks.
 
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